SABU Vs. STATE OF KERALA

JUDGEMENT

(1.) Sole accused in SC No.187/2014 before the Sessions Court, Kottayam challenges conviction and sentence imposed on him by the trial court under Section 302 IPC.

(2.) Prosecution case stated shortly is thus:- The appellant had enmity towards deceased Anilkumar. At about 6.45 p.m on 05.10.2013, while deceased Anilkumar along with PWs 2, 3 and 4 were sitting on a rock in a hillock the accused came through a beaten track below the place where the deceased and others sat and questioned their act of singing songs loudly in public. According to the version of the appellant in his examination under Section 313 Cr.P.C., he admitted that he questioned the deceased for singing songs sitting close by a house, where a death had occurred on the same day. When the appellant challenged the deceased and his friends, the deceased sharply reacted towards the appellant and therefore, there ensued a push and pull. It has come out in record that the appellant is a person who had lost his right hand in an accident much prior to the incident. When the deceased and accused rolled over, the deceased sat on the appellant and throttled him. The appellant in a lying down position inflicted stab injuries on the deceased which proved to be fatal. According to the prosecution, the deceased had intentionally inflicted the fatal stab injury.

(3.) To substantiate the prosecution case, 28 witnesses were examined on the side of the prosecution and 36 documents were marked. Two defence witnesses were also examined and six documents were marked on the defence side. Material objects 1 to 15 were identified.